[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58960-58962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23276]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0793; Directorate Identifier 2012-NM-138-AD]
RIN 2120-AA64


Airworthiness Directives; BAE SYSTEMS (OPERATIONS) LIMITED 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 series airplanes and 
Model Avro 146-RJ series airplanes. This proposed AD was prompted by 
reports of excess solder deposited during overhaul on the frangible 
plug of a fire extinguisher, which prevented the release of the 
extinguishant. This proposed AD would require a one-time inspection of 
certain engine and auxiliary power unit (APU) fire extinguishers to 
determine if the fire extinguishers are affected by excessive solder 
and corrective actions if necessary. We are proposing this AD to 
prevent the failure of a fire extinguisher to discharge, which reduces 
the ability of the fire protection system to extinguish fires in the 
engine or APU fire zones, possibly resulting in damage to the airplane 
and injury to the passengers.

DATES: We must receive comments on this proposed AD by November 12, 
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     For BAE SYSTEMS (OPERATIONS) LIMITED service information 
identified in this proposed AD, contact BAE SYSTEMS (OPERATIONS) 
LIMITED, Customer Information Department,

[[Page 58961]]

Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United 
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. For Kidde Graviner service 
information identified in this proposed AD, contact Kidde Graviner 
Limited, Methisen Way, Colnbrook, Slough, Berkshire, SL3 0HB, United 
Kingdom; telephone +44 (0) 1753 683245; fax +44 (0) 1753 685040. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0793; 
Directorate Identifier 2012-NM-138-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0126R1, September 10, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A fire handle on a BAe 146 aeroplane was operated on the ground 
as a precautionary measure after the throttle cable on the affected 
engine failed, due to corrosion. The extinguisher failed to 
discharge.
    Investigation results revealed that excess solder, which had 
been deposited during overhaul on the frangible plug of the 
extinguisher, prevented the release of the extinguishant. Prompted 
by this report, Kidde Graviner, the fire extinguisher manufacturer, 
identified four further extinguishers of similar design that had the 
same issue.
    This condition, if not detected and corrected, could result in 
the failure of a fire bottle to discharge, which reduces the ability 
of the fire protection system to extinguish fires in the engine or 
Auxiliary Power Unit (APU) fire zones, possibly resulting in damage 
to the aeroplane and injury to the occupants.
    For the reasons described above, EASA issued AD 2012-0126 to 
require a one-time inspection of the affected Part Number (P/N) 
57333 engine and APU fire extinguishers. In addition, this [EASA] AD 
prohibited installation of a fire extinguisher, unless it has passed 
the inspection as required by [EASA] AD 2012-0126.
    Revision 1 of this [EASA] AD is issued to clarify that new 
extinguishers P/N 57333 may be fitted with no additional inspection 
required by this [EASA] AD.

Required actions include installing a new unit or overhauling the unit 
if any solder is found during the inspection. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    BAE SYSTEMS (OPERATIONS) LIMITED has issued Service Bulletin 26-
078, dated September 21, 2011. Kidde Graviner Limited has issued 
Service Bulletin 26-080, Revision 1, dated July 27, 2011. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Although the MCAI does not specify a corrective action if any 
solder is found, this proposed AD would require an overhaul of affected 
fire extinguishers or installation of new fire extinguishers, as 
specified in Kidde Graviner Service Bulletin 26-080, Revision 1, dated 
July 27, 2011.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 1 product of U.S. registry. We also estimate that it 
would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $85.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

[[Page 58962]]

    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

BAE SYSTEMS (OPERATIONS) LIMITED: Docket No. FAA-2013-0793; 
Directorate Identifier 2012-NM-138-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 
146-100A, -200A, and -300A airplanes; and Model Avro 146-RJ70A, 146-
RJ85A, and 146-RJ100A airplanes; certificated in any category; all 
models, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by reports of excess solder deposited 
during overhaul on the frangible plug of the extinguisher, which 
prevented the release of the extinguishant. We are issuing this AD 
to prevent the failure of a fire extinguisher to discharge, which 
reduces the ability of the fire protection system to extinguish 
fires in the engine or APU fire zones, possibly resulting in damage 
to the airplane and injury to the passengers.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection and Corrective Action

    For airplanes equipped with fire extinguishers manufactured by 
Kidde Graviner Limited having part number (P/N) 57333 (all dash 
numbers): Within 12 months after the effective date of this AD, do 
an x-ray inspection to determine if there is solder between the 
operating head and container of the fire extinguishers in the engine 
and auxiliary power unit, in accordance with the Accomplishment 
Instructions of BAE SYSTEMS (OPERATIONS) LIMITED Service Bulletin 
26-078, dated September 21, 2011; or Kidde Graviner Service Bulletin 
26-080, Revision 1, dated July 27, 2011; as applicable.
    (1) If any solder is found, before further flight, do the action 
specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, in 
accordance with the Accomplishment Instructions of Kidde Graviner 
Service Bulletin 26-080, Revision 1, dated July 27, 2011.
    (i) Overhaul the fire extinguisher and install. An overhaul 
includes the replacement of the operating head. Replacement of the 
pressure relief plug assembly only is not considered an overhaul.
    (ii) Install a new fire extinguisher.
    (2) If no solder is found, no further action is required by this 
paragraph.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
Kidde Graviner Limited fire extinguisher having P/N 57333 (all dash 
numbers), on any airplane, unless the fire extinguisher is new, or 
it has been determined that there is no solder between the operating 
head and container of the fire extinguishers as required by 
paragraph (g) of this AD, or has been overhauled in accordance with 
the Accomplishment Instructions of Kidde Graviner Service Bulletin 
26-080, Revision 1, dated July 27, 2011.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0126R1, dated September 10, 2012, for related 
information, which can be found in the AD docket on the Internet at 
http://www.regulations.gov.
    (2) For BAE SYSTEMS (OPERATIONS) LIMITED service information 
identified in this AD, contact BAE SYSTEMS (OPERATIONS) LIMITED, 
Customer Information Department, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 
675207; fax +44 1292 675704; email [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. For Kidde Graviner service information identified in this 
AD, contact Kidde Graviner Limited, Methisen Way, Colnbrook, Slough, 
Berkshire, SL3 0HB, United Kingdom; telephone +44 (0) 1753 683245; 
fax +44 (0) 1753 685040. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23276 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P